U.S. Department of Justice Civil Rights Division Office of the Assistant Attorney General Washington, D.C. 20035 Ms.

Susan Logan Associate Director Division of Continuing Education Texas Tech University Box 4110 Lubbock, Texas 79409-2191 Dear Ms. Logan: This letter is in response to your letter regarding the applicability of the Americans with Disabilities Act's (ADA) requirements to warehouse rooms. The ADA authorizes the Department to provide technical assistance to entities that are subject to the Act. This letter provides informal guidance to assist you in understanding how the ADA may apply to your University. This technical assistance, however, does not constitute a determination by the Department of Justice of the University's rights or responsibilities under the ADA and does not constitute a binding determination by the Department of Justice. Texas Tech University, as we understand, is a public entity, which is covered by title II of the ADA. Effective January 26, 1992, title II prohibits discrimination on the basis of disability by public entities. The Department of Justice is responsible for implementation of title II of the ADA. Enclosed are copies of our title II rule and a technical assistance manual explaining the rule. If Texas Tech University is part of a program that receives financial assistance from any Federal agency, then the University is also subject to section 504 of the Rehabilitation Act of 1973, as amended, and the implementing Department of Education regulation at 34 C.F.R. pt. 104 (1991). Section 504 prohibits discrimination on the basis of handicap in federally assisted programs and activities. 01-00706​ -2In your letter, you explained that in order to house a large

inventory of textbooks, the University is making two changes to a warehouse room. First, sales transactions will occur at the door of the warehouse room. The door is being fitted with a half door with a ledge built onto the bottom half of the door to facilitate transactions. It is not apparent from the letter whether the ledge would be accessible to persons who use wheelchairs. Second, the University is arranging seven foot high shelves to house the large inventory of textbooks, and the arrangement of shelving will not provide wheelchair access to the textbooks in the room. You also explained that employees in the warehouse room would bring boxes of books from the basement of the building, stock high book shelves, retrieve the books from these shelves, and conduct sales transactions from the door. Specifically you asked whether the nature of the work to be done in the warehouse room would disqualify persons who use wheelchairs from employment in the room and whether the room would be exempt from the ADA. Many of the provisions contained in the title II regulation are based on section 504 of the Rehabilitation Act and its implementing regulations. The following are basic employment and program accessibility requirements under title II and section 504. With respect to possible employment in the warehouse, covered entities must provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability who is an applicant or employee, unless the entity can demonstrate that the accommodation would impose an undue hardship on the operation of the program (see 28 C.F.R. S35.140 (title II rule); and 34 C.F.R. S104.12 (Education's section 504 rule)). If an individual with a disability works in the warehouse room, the question of whether an accommodation, including modifying the shelves, is required, would need to be determined on a case-by-case basis. As to access at the door of the warehouse room for students with disabilities who want to purchase textbooks, two different requirements are applicable. First, the title II rule, as well as the section 504 rule, requires that alterations, to the maximum extent feasible, be made in an accessible manner 01-00707​ -3(S35.151(b) of the title II rule; and 34 C.F.R. S104.23(b)

(section 504 rule)). The section 504 rule at S104.23 provides that compliance with the Uniform Federal Accessibility Standards (UFAS) is considered compliance with the alterations requirements. The title II rule at S35.151(c) permits the use of either UFAS or the ADA Accessibility Guidelines, which are an appendix to the Department's regulation implementing title III of the ADA (also enclosed). Section 7 of each of these standards covers sales and service counters. Second, the title II rule, like the section 504 rule, also requires a public entity to make its programs, services, and activities accessible, except where to do so would result in a fundamental alteration in the nature of the program or in undue financial and administrative burdens (see SS35.150(a) and (a)(3) of the title II rule). With respect to the services provided at the door of the warehouse room, if necessary to achieve program accessibility, the University may need to lower the ledge of the door to an accessible height, or open the door to provide the service. I hope this information has been helpful. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (4) 01-00708